I am a Wisconsin resident, and I was fired today by an employer that I recently started working part time for. I believe they have a laundry list of reasons, but in particular, they are claiming I violated a non-disclosure agreement, which in turn will be interpreted as misconduct.
What I am wondering is will getting fired from a part time job completely stop my benefits, even though I have only worked for this employer for 4 weeks, and only part time? Do i even have to disclose this information? My current benefit rate is the state maximum.
I would be grateful for any response, and will certainly make a donation as soon as possible.
***edited answer and moved to Fired Q&As 10/9/13***
Hi,
Donation? That would make you a rare sort of person, but I appreciate the offer nonetheless.
Yours, is an easy and simple question. The answer should be rather obvious when I once more type out a fact about unemployment benefits proliferating this website.
The last separation from a job, controls your continuing eligibility to collect any remaining weekly benefits, going forward and when you collect benefits in any week you’re found to be ineligible, overpayments result
Additionally, it doesn’t really matter if it is a part-time job, or if you only worked there for one day.
There are a few points to make about the situation though and the first one is there’s requirements for employers hiring new at-will employees.
1. Quarterly, an employer must fill out a report for the state which contains all wages paid for each employee. Along with the report, goes the check (some states allow employer to do this online now) for the amount of unemployment taxes owed. Contrary to what lots of employees think .. only the people in three states can make the claim they paid something into UI for their right to collect.
2. I’ll let Wisconsin explain the connection between overpayment determinations and unemployment fraud.
This really isn’t rocket science it’ just good common sense.
3. Because you were fired, it is the employer that must prove the burden that you actually violated the non-disclosure agreement. My first thought is what vital business secret could you of disclosed after only four weeks of part-time employment?
Telling legally protected secrets of an employer sounds bad .. which sometimes gives some claims adjudicators an easy way to deny, but appeal hearings allow the aggrieved appellant to force the substance from the moving party which is used to sustain any burden of proof .. and in the case of a discharge .. the substance must prove willful and intentional misconduct. Meaning .. you knew you shouldn’t, but you did anyway.
5. Why would someone with good sense even fool with the possibility of adding the issue of intentional unemployment fraud by misrepresenting material fact to obtain continuing unemployment benefits .. when the state wage records are compared against the social security numbers of UI benefit recipients?
6. Intentional fraud, in my mind, is insanity .. even if it’s caused by desperation. But now, that I think I have made you aware of the potential consequences of your actions .. it’s also, completely avoidable.
Getting unemployment is about the choices me make and not cutting ourselves any slack .. because no one else will either.
Chris